Terms of Service

Content
All services provided by ProxyFish.com are to be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any United States Federal, State or Local law is prohibited. This includes, but is not limited to: copyrighted material, material we judge to be threatening or obscene, material that jeopardizes national security, or material protected by trade secret or other laws. The subscriber agrees to indemnify and hold harmless ProxyFish.com, from any claims resulting from the subscriber’s use of ProxyFish’s services which damages the subscriber or any other party.

 

Examples of prohibited usage (but are not limited to):
Fraud activity of any kind
Torrent Usage
Conquer Online Software
SMTP/POP3/IMAP Mailing
ScrapeBox Software
xRumer Software.

 

ProxyFish.com will be the sole arbiter as to what constitutes a violation of this provision. Content that does not meet these standards will be removed without prior notice to the subscriber.

 

Service Abuse – Any attempts to undermine or cause harm to a ProxyFish.com server or subscriber of ProxyFish.com is strictly prohibited including, but not limited to:
Logging into a proxy IP or account that you are not authorized to access
Accessing data or taking any action to obtain services not intended for you or your use
Attempting to probe, scan or test the vulnerability of any system, subsystem or network
Tampering, hacking, modifying, or otherwise corrupting or breaching security or authentication measures without proper authorization
Transmitting material that contains viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines or engines with the intent or effect of damaging, destroying, disrupting or otherwise impairing a computer’s functionality or the operation of the System
Interfering with, intercepting or expropriating any system, data or information
Interfering with service to any user, host or network including, without limitation, by means of overloading, “flooding,” “mailbombing,” or “crashing” any computer system
You will be held responsible for all actions performed by your account whether it be done by you or by others.

 

Password Security and Account Authorization
ProxyFish provides customers flexibility over their own passwords, account access and authorization procedures. Customers are responsible for selecting the appropriate authentication procedures and selecting the proper information which will be used to authenticate the account. It is the responsibility of the customer to protect the information used to authenticate their account. Account access, password security and server security are the responsibility of the customer. ProxyFish will not be liable for any damages, direct or indirect, that result from unauthorized account access, password compromise or hacking.

 

Technical Support
ProxyFish Support includes access to technical support provided via ticket support, email and livechat.
ProxyFish will, when possible as a courtesy to its customers, provide Best Effort support on products, applications. Best Effort support means that when possible ProxyFish technicians will provide their best effort to help support our customers. No warranties or guarantees are provided on Best Effort Support.

 

Refunds
We do not offer any refunds in any shape or form. You can cancel your ProxyFish.com subscription at any time. You must cancel your subscription on Paypal.com – This is the only way to stop any recurring charges for our services. Failure to do so will not result in a refund, but only in account credit. There are no refunds in the event that you get credit. Credit is non-refundable no matter the reason or status of the invoice / service.

 

Credit

Credit may be given as a result of cancelling a service on our website but not cancelling the Paypal subscription. It is our customer’s duty to cancel the Paypal subscription in order to cancel the charges because we cannot stop a Paypal subscription through our system. Failure to cancel a Paypal subscription will result in store credit and store credit is 100% non-refundable.

 

Proxy Location Availability
Subject to availability, we will always try to give you the location(s) you select on your order when we have stock. In the event we have no stock in your desired location, we will give you proxies in the nearest location to your original preference.

 

No Guarantee For Specific Websites
We offer 100% private socks and https proxies. We go to great lengths to make sure we use the highest anonymity technology available. With that said, we offer no proxy IP exchanges and no refunds if a proxy does not work on a specific website or application – it is impossible to control what other websites do. We will make an exception if a proxy is not responsive.

 

Proxy IP Switches
Proxy IP switches can happen once per month after the first month after each invoice is paid. For example, if you order on 4/10/2016 you can change all of your IP’s (or just some of them) on 5/10/2016 provided that your due invoice is paid. This is the only way we allow proxy IP switches of any kind. You can also keep the same proxies you were assigned by simply just paying your invoice continuously.

 

Any violation of ProxyFish.com’s Terms of Service Agreement shall result in immediate account suspension with no refund.

 

Account Setup, Termination, and Billing:
The account will be charged on the day the order is processed, regardless of the account billing date. The account will not be charged again until the next month’s billing cycle. Billing dates are recurring on the day the account was opened.

 

EVENT OF DEFAULT BY CUSTOMER (Disabling of accounts due to overdue payment): If the CUSTOMER fails to pay an invoice within 1 day of the date of that invoice, ProxyFish reserves the right to disconnect service without further warning. If services are disconnected for non payment, customer must pay all past due charges up to the day of service disconnection in order to reconnect service. If your account has been disabled for non payment, you will need to repurchase a new order and old proxy IP’s are forfeited.

ProxyFish’s REMEDY UPON DEFAULT; TERMINATION. In addition to all rights and remedies granted to ProxyFish in this Terms of Service upon the occurrence of an Event of Default, ProxyFish shall have the right (a) to cease providing the Services to Customer without notice to Customer.
Cancellation Procedure: To stop your services, please login to Paypal account and cancel the subscription. ProxyFish is not able to schedule cancellation requests, you must do it on your own on Paypal.com. Customer is responsible for any fees incur for Services to customer if no formal paypal subscription cancellation is established.

 

Limitation of Damages or Liability
PROXYFISH.COM SHALL NOT BE LIABLE TO CUSTOMER FOR HARM CAUSED BY OR RELATED TO CUSTOMER’S SERVICES OR INABILITY TO UTILIZE THE SERVICES UNLESS CAUSED BY WILLFUL MISCONDUCT. PROXYFISH.COM SHALL NOT BE LIABLE TO CUSTOMER FOR LOST PROFITS, INDIRECT, SPECIAL OR INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES. NOTHWITHSTANDING ANYTHING ELSE IN THIS TERMS OR SERVICE AGREEMENT, THE MAXIMUM AGGREGATE LIABILITY OF PROXYFISH.COM AND ANY OF ITS EMPLOYEES, AGENTS OR AFFILIATES, UNDER ANY THEORY OF LAW SHOULD NOT EXCEED THE AMOUNT OF FEES IT HAS COLLECTED ON THE ACCOUNT. EXCEPT AS OTHERWISE PROVIDED IN THIS TERMS OF SERVICE AGREEMENT, PROXYFISH.COM PROVIDES ALL PRODUCTS AND SERVICES “AS IS”, WITHOUT WARRANTY OR ANY KIND, WHETHER EXPRESS, OR IMPLIED AND DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OF FITNESS FOR A PARTICULAR PURPOSE. CUSTOMER SHALL BE SOLELY RESPONSIBLE FOR THE SELECTION, USE, AND SUITABILITY OF ANY PRODUCT AND SERVICE AND PROXYFISH.COM SHALL HAVE NO LIABILITY ASSOCIATED WITH THE FORGOING. CUSTOMERS ARE RESPONSIBLE FOR ENSURING SECURITY OF SERVERS.

 

General
Terms Of Service are subject to change without any prior notification.
These Terms of Service are a legally binding contract between the subscriber and ProxyFish.com

By opening an account, or by the use of any ProxyFish service, the subscriber agrees to the above-stated terms.
Anything not listed in the Terms of Service is open to interpretation and change by ProxyFish.com administrators without prior notice.  All prices and subscriptions are nonrefundable and nonnegotiable.

Any violation of these Terms of Service will result in termination of the account. ProxyFish.com maintains the right to terminate accounts without prior notification.

 

In the case that a customer is terminated for violating one or more of the ProxyFish Terms of Service, ProxyFish reserves the right to deny access to, and/or, destroy customer data stored on the offending server or account. ProxyFish may at its own discretion allow access to a terminated account.

 

Dispute Resolution
Any dispute between ProxyFish and a subscriber shall be determined by arbitration conducted by the American Arbitration Association pursuant to its commercial arbitration rules. The arbitrator shall decide any dispute in accordance with Nevada law, without the application of choice of law principles. Each party shall bear its own expenses and legal fees for the arbitration. The arbitration shall be conducted in Las Vegas, Nevada, unless both parties agree in writing to a different location. The arbitration award is enforceable as a judgment of any court having proper jurisdiction.
Indemnification
Customer agrees to indemnify and hold harmless ProxyFish.com, its subsidiaries, their affiliates and each of their respective directors, officers, employees, shareholders and agents (each an “Indemnified Party”) against any losses, claims, damages, liabilities, penalties, actions, proceedings, judgments, or any and all costs thereof (collectively, “Losses”) to which an Indemnified Party may become subject and which Losses arise out of, or relate to the Agreement, Customer’s use of the Products and Services, breach of any confidentiality obligation or any alleged infringement of any trademark, copyright, patent or other intellectual property right and will reimburse an Indemnified Party for all legal and other expenses, including reasonable attorneys’ fees incurred by such Indemnified Party, in connection with investigating, defending, or settling any Loss, whether or not in connection with pending or threatened litigation in which such Indemnified Party is a party.